after demand, furnish to the defendant, or his counsel, a copy of the depositions and statement, or permit either of them to take a copy.

§ 207. Defendant's discharge. After hearing the proofs, and the statement of the defendant, if he have made one, if it appear, either that a crime has not been committed, or that there is no sufficient cause to believe the defendant guilty thereof, the magistrate must order the defendant to be discharged, by an indorsement on the depositions and statement, signed by him, to the following effect: "There being no sufficient cause to believe the within named A. B. guilty of the offense within mentioned, I order him to be discharged."

§ 208. Commitment. If, however, it appear from the examination that a crime has been committed and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must, in like manner, indorse on the depositions and statement, an order, signed by him, to the following effect: "It appearing to me by the within depositions (and statement, if any) that the crime therein mentioned [or any other crime according to the fact, stating generally the nature thereof] has been committed, and that there is sufficient cause to believe the within named A. B. guilty thereof, I order that he be held to answer the same."

May amend commitment. Ex parte Hogan, 55 How. Pr., 458.

§209. Order for commitment. If the crime be not bailable, the following words, or words to the same effect, must be added to the indorsement: "and that he be committed to the sheriff of the county of ," [or in the city and county of New York, "to the keeper of the city prison of the city of New York."]

§210. Certificate of bail. If the crime be bailable, and bail be taken by the magistrate, the following words, or words to the same effect, must be added to the indorsement mentioned in section 208; "and I have admitted him to bail to answer, by the undertaking hereto annexed."

§211. Defendant to choose how he shall be tried.— If the crime with which the defendant is charged be one triable, as herein before provided, by a court of special sessions of the county in which the same was committed, the magistrate, before holding the defendant to answer, must inform him of his right to be tried by a jury after indictment, and must ask him how he will be tried. If the defendant shall require to be tried by a jury after indictment, he can only be held to answer to a court having authority to inquire by the intervention of a grand jury into offenses triable in the county. If he shall not so require, he may be held to answer at the court of special sessions.

Election when and how made. Peo. v. Lied, 19 Alb. L. J., 400. Waiver of jury trial must appear on face of record. Peo. v. Mallon, 39 How. Pr., 454. Waiver cannot be recalled. Peo. v. Riley, 5 Park., 401.

§ 212. Order for bail, on commitment.-If the crime be bailable and the defendant be admitted to bail, but bail have not been taken, the following words, or words to the same effect, must be added to the indorsement mentioned in section 208, "and that he be admitted to bail in the sum of dollars, and be committed to the sheriff of the county of [or in the city and county of New York, "to the keeper of the city prison ef the city of New York,"] until he give such bail."

§ 213. Commitment.-If the magistrate order the defendant to be committed as provided in sections 209 and 212, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or if that officer be not present, to a peace officer, who must immediately deliver the defendant into the proper custody, together with the commitment.

§ 214. Form.-The commitment must be to the following effect:

"County of Albany [or as the case may be.] "In the name of the people of the State of New York: "To the sheriff of the county of Albany," [or in the city

and county of New York, "to the keeper of the city prison of the city of New York: "]

“An order having been this day made by me, that A. B. be held to answer to the court of upon a charge of [stating briefly the nature of the crime,] you are commanded to receive him into your custody and detain him, until he be legally discharged.

this

Dated at the city of Albany, [or as the case may be,]

day of

18

C. D., Justice of the Peace,
[or as the case may be.]

It may be amended. Ex parte Hogan, 55 How. Pr., 458.

§ 215. Undertaking of witnesses to appear.—On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people, a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statement are to be sent, or that he will forfeit the sum of one hundred dollars.

§ 216. Security for appearance of witnesses.—When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness is an accomplice in the commission of the crime charged, he may order the witness to enter into a written undertaking, with such sureties, and in such sum as he may deem proper, for his appearance as specified in the last section. [Am'd ch. 416 of 1883.]

1 Park. Cr., 567; 3 1d., 465; 5 Bar., 514.

§ 217. [Repealed ch. 416 of 1883.]

§ 218. Witness to be committed on refusal.—If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuse compliance with the order for that purpose, the magistrate must commit him to prison until he comply or be legally discharged.

§219. Witness unable to give security, may be conditionally examined.-A witness may be conditionally examined, on behalf of the people, in the manner and with the effect provided in this Code. [Am'd ch. 416 of 1883.] See §§ 620-635, post.

§ 220. [Repealed ch. 416 of 1883.]

§ 221.-Magistrate to return depositions, etc.-When a magistrate has discharged a defendant, or has held him to answer, as provided in sections 207 and 208, he must return to the next court of oyer and terminer or court of sessions of the county, or city court having power to inquire into the offense by the intervention of a grand jury, at or before its opening on the first day, the warrant, if any, the depositions, the statement of the defendant, if he have made one, and all undertakings of bail, or for the appearance of witnesses, taken by him.

TITLE IV.

Of Proceedings after Commitment, and before Indictment.

CHAPTER I. Preliminary provisions.

II. Formation of the grand jury; its powers and duties.

CHAPTER I.

PELIMINARY PROVISIONS.

SEC. 222. Crimes; how prosecuted.

§ 222. Crimes; how prosecuted.-All crimes prosecuted in a court of oyer and terminer, or in a court of sessions, or in a city court, must be prosecuted by indictment.

CHAPTER II.

FORMATION OF THE GRAND JURY, ITS POWERS AND DUTIES.

SEC. 223, 224. Grand jury defined.

225, 226, 227. For what courts to be drawn; the order.
228. Misdescription in order.

229. Mode of selecting grand jurors.

230. If sixteen grand jurors do not appear, additional number to be ordered..

231, 232, 233. Manner of designating the additional grand jurors.

234. Summoning the additional grand jurors, and compelling their attendance.

235. When new grand jury may be summoned for the

same court.

236. Grand jury, how drawn when more than a sufficient number attends.

237. Who may challenge an individual grand juror.

238. Causes of discharge of the panel.

239. Causes of challenge to an individual grand juror.
240. Manner of taking and trying the challenges.

241. Decision upon the challenge.

242. Effect of allowing a challenge to an individual grand

juror.

243. Violation of last section.

244. Appointment of foreman.

245, 246, 247. Oath of the foreman and the other grand

jurors.

248. Charge of the court.

249. Retirement of the grand jury.

250. Appointment of a clerk, and his duties.

251. Discharge of the grand jury.

252. Power of grand jury to inquire into crimes, etc.

253. Foreman may administer oaths.

254. Definition of an indictment.

255. Evidence receivable before the grand jury.

256. Same.

257. Grand jury not bound to hear evidence for the defendant, but may order explanatory evidence to be produced.

258. Degree of evidence, to warrant an indictment.

259. Grand jurors mnst declare their knowledge as to commission of a crime.

260. Grand jury must inquire as to persons imprisoned on criminal charges and not indicted; the condition of public prisons; and the misconduct of public officers.

261. Grand jury entitled to access to public prisons, and to
examine public records.

262, 263, 264. When and from whom they may ask advice,
and who may be present during their sessions.
265. Secrets of the grand jury to be kept.

266. Grand jury, when bound to disclose the testimony of
a witness.

267. Grand juror not to be questioned for his conduct as such.